Warning of challenge on freshwater rights

A court challenge is inevitable unless the Government negotiates with
Maori on customary rights to fresh water, a "river iwi" source warns.

Maori Affairs Minister Parekura Horomia accused the Maori Party yesterday of
making "a mountain out of a molehill" in its claims that the Government was
unfairly asserting ownership of fresh water.

"The Maori Party has failed to repeal the Foreshore and Seabed Act as it
promised and it is now trying to create another tidal wave around so-called
confiscation. It won't work. Iwi saw what happened last time and will see this
for what it is," he said.

The source, who was not linked to the Maori Party, said freshwater rights
were the last set of natural rights to be resolved. "If they are taking to
themselves to allocate water rights ... then at some stage Maori are going to
say they are behaving as if they own this, or that they have a right to do it.
So where's our right?"

Mr Horomia said successive governments had said water was a public resource,
which the Crown would manage on the public's behalf. "Iwi do have interests in
water and these are being progressively recognised in settlements, as well as
through various consultation measures."

Maori Party Treaty spokesman Te Ururoa Flavell reiterated that customary
rights to fresh water were unfinished business. "Much like the seabed and
foreshore issue, it's an arrogant government that's gone ahead and assumed they
do have ownership."

Government sources said concerns had grown because holders of time-limited
tradeable water permits, such as farmers and energy generators, wanted to be
able to trade them over a longer period.

Representatives of Ngai Tahu, Whanganui, Tuwharetoa and Tainui iwi met at two
hui last year to coordinate the fight for Maori interests in fresh water.

United Future leader Peter Dunne said claims to customary rights went beyond
what was acceptable to most Kiwis. "The fresh water claim simply raises the
question, `Who owns the rain?'."